1967, 1970, 18 L.Ed.2d 1199 (1967). 365, 399-401 (1981). This paradox, as Justice STEVENS suggests, see post, at 961-962, perhaps explains the Court's unwillingness to remand No. " Id., at 561, 102 S.Ct., at 2593 (emphasis in original) (quoting Desist v. United States, 394 U.S. 244, 277, 89 S.Ct. United States v. Payner, 447 U.S. 727, 100 S.Ct. The Court of Appeals refused the Government's invitation to recognize a good-faith exception to the Fourth Amendment exclusionary rule. 365, 379-380 (1981). Nardulli, The Societal Cost of the Exclusionary Rule: An Empirical Assessment, 1983 A.B.F.Res.J. "[O]nce the warrant issues, there is literally nothing more the policeman can do in seeking to comply with the law." ." The Court has, to be sure, not seriously questioned, "in the absence of a more efficacious sanction, the continued application of the rule to suppress evidence from the [prosecution's] case where a Fourth Amendment violation has been substantial and deliberate. This case presents the question whether the Fourth Amendment exclusionary rule should be modified so as not to bar the use in the prosecution's case in chief of evidence obtained by officers acting in reasonable reliance on a search warrant issued by a detached and neutral magistrate but ultimately found to be unsupported by probable cause.

Nor should we so easily concede the existence of a constitutional violation for which there is no remedy.36 To do so is to convert a bill of Rights into an unenforced honor code that the police may follow in their discretion. It is true that, as many observers have charged, the effect of the rule is to deprive the courts of extremely relevant, often direct evidence of the guilt of the defendant. See Franks v. Delaware, 438 U.S. 154, 165, 169-170, 98 S.Ct. This is particularly true, we believe, when an officer acting with objective good faith has obtained a search warrant from a judge or magistrate and acted within its scope.21 In most such cases, there is no police illegality and thus nothing to deter. Even if the Fourth Amendment question is not one of broad import, reviewing courts could decide in particular cases that magistrates under their supervision need to be informed of their errors and so evaluate the officers' good faith only after finding a violation. Although there are assertions that some magistrates become rubber stamps for the police and others may be unable effectively to screen police conduct, see, e.g., 2 W. LaFave, Search and Seizure § 4.1 (1978); Kamisar, Does (Did) (Should) The Exclusionary Rule Rest on a "Principled Basis" Rather than an "Empirical Proposition"?, 16 Creighton L.Rev. Instead, the rule is designed to produce a 'systematic deterrence': the exclusionary rule is intended to create an incentive for law enforcement officials to establish procedures by which police officers are trained to comply with the fourth amendment because the purpose of the criminal justice system—bringing criminals to justice—can be achieved only when evidence of guilt may be used against defendants." . And in another study based on data from cases during 1978 and 1979 in San Diego and Jacksonville, it was shown that only 1% of all cases resulting in nonconviction were caused by illegal searches. As yet, we have not recognized any form of good-faith exception to the Fourth Amendment exclusionary rule.11 But the balancing approach that has evolved during the years of experience with the rule provides strong support for the modification currently urged upon us. 251, 289-307 (1974). The exclusion of probative evidence in order to serve some other policy is by no means unique to the Fourth Amendment. Pp. See Illinois v. Gates, supra, 462 U.S., at 239, 103 S.Ct., at 2332.

2674, 2683. We have now reexamined the purposes of the exclusionary rule and the propriety of its application in cases where officers have relied on a subsequently invalidated search warrant. The argument that defendants will lose their incentive to litigate meritorious Fourth Amendment claims as a result of the good-faith exception we adopt today is unpersuasive. . There is no question that in the hands of the present Court the deterrence rationale has proved to be a powerful tool for confining the scope of the rule. United States v. Leon. In his famous treatise on evidence, Dean Wigmore devoted an entire volume to such exclusionary rules, which are common in the law of evidence. " Ante, at 906, quoting United States v. Calandra, 414 U.S., at 348, 94 S.Ct., at 620. § 1983, compare O'Connor v. Donaldson, 422 U.S. 563, 95 S.Ct. The proscriptions and guarantees in the amendments were intended to create legal rights and duties"). 1873, 1879, 18 L.Ed.2d 1040 (1967); Mapp v. Ohio, 367 U.S., at 647-650, 81 S.Ct., at 1687-1688; Byars v. United States, 273 U.S., at 33-34, 47 S.Ct., at 250. Moreover, the face of the warrant indicated that the caption "Controlled Substances" had been stricken, and at the bottom of the warrant an addendum authorized the search for and seizure of a rifle and ammunition. 3037, 3047, 49 L.Ed.2d 1067 (1976); United States v. Janis, 428 U.S. 433, 443, n. 12, 96 S.Ct. Illinois v. Gates, supra, 462 U.S., at 259, n. 14, 103 S.Ct., at 2343, n. 14 (WHITE, J., concurring in judgment). Our cases establish that the question whether the use of illegally obtained evidence in judicial proceedings represents judicial participation in a Fourth Amendment violation and offends the integrity of the courts. The Court followed United States v. Leon 468 U.S. 897 (1984) where police conducted a search with a warrant that they later found out was defective. 341, 344, 58 L.Ed. does not contain a single objective fact to support a belief by the officers that the petitioner was engaged in criminal activity at the time they arrested him." . In determining whether persons aggrieved solely by the introduction of damaging evidence unlawfully obtained from their co-conspirators or co-defendants could seek suppression, for example, we found that the additional benefits of such an extension of the exclusionary rule would not outweigh its costs. App. 430, 436-437, 94 L.Ed.

When such faulty scales are used, it is little wonder that the balance tips in favor of restricting the application of the rule. ." See Lo-Ji Sales, Inc. v. New York, 442 U.S. 319, 325, 99 S.Ct. 251, 350-372 (1974). 438 U.S., at 165, 98 S.Ct., at 2681. . When the principles we have enunciated today are applied to the facts of this case, it is apparent that the judgment of the Court of Appeals cannot stand. 421, 58 L.Ed.2d 387 (1978); Brown v. United States, 411 U.S. 223, 93 S.Ct. on behalf of the United States as amicus curiae supporting petitioner. . Thus, in this bit of judicial stagecraft, while the sets sometimes change, the actors always have the same lines. 665, 709-710 (1970) ("The exclusionary rule is not aimed at special deterrence since it does not impose any direct punishment on a law enforcement official who has broken the rule. We emphasize that the standard of reasonableness we adopt is an objective one. For example, the Massachusetts Constitution of 1780 provided: "Every subject has a right to be secure from all unreasonable searches, and seizures, of his person, his houses, his papers, and his possessions. Rather than seeking to give effect to the liberties secured by the Fourth Amendment through guesswork about deterrence, the Court should restore to its proper place the principle framed 70 years ago in Weeks that an individual whose privacy has been invaded in violation of the Fourth Amendment has a right grounded in that Amendment to prevent the government from subsequently making use of any evidence so obtained. . 641, 651-652, 78 L.Ed.2d 477 (1984) (STEVENS, J., concurring in judgment); Dewey, 452 U.S., at 606-608, 101 S.Ct., at 2542-2543 (STEVENS, J., concurring); Michigan v. Tyler, 436 U.S. 499, 513, 98 S.Ct. See, e.g., Coolidge v. New Hampshire, 403 U.S. 443, 474-475, 91 S.Ct. We do not suggest, however, that exclusion is always inappropriate in cases where an officer has obtained a warrant and abided by its terms.

The Government indicated that it did not intend to introduce evidence seized from the other respondents' vehicles. 2248, 2259-2260, 60 L.Ed.2d 824 (1979); United States v. Ceccolini, supra, 435 U.S., at 279, 98 S.Ct., at 1061.7 In short, the "dissipation of the taint" concept that the Court has applied in deciding whether exclusion is appropriate in a particular case "attempts to mark the point at which the detrimental consequences of illegal police action become so attenuated that the deterrent effect of the exclusionary rule no longer justifies its cost." Limiting the application of the exclusionary sanction may well increase the care with which magistrates scrutinize warrant applications. The Government's petition for certiorari presented only the question whether a good-faith exception to the exclusionary rule should be recognized. If the resolution of a particular Fourth Amendment question is necessary to guide future action by law enforcement officers and magistrates, nothing will prevent reviewing courts from deciding that question before turning to the good-faith issue.26 Indeed, it frequently will be difficult to determine whether the officers acted reasonably without resolving the Fourth Amendment issue.

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